Can you remove someone from mortgage?

Asked By: Elaid Vifs | Last Updated: 15th May, 2020
Category: personal finance home financing
4.4/5 (37 Views . 26 Votes)
A mortgage loan is a contract, and a co-borrower can only get removed from the loan if it is paid off in full or with the lender's permission. If that's the case, you can either get the bank to refinance in your sole name or else refinance at another lender and pay off the original loan.

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Likewise, can you remove someone's name from a mortgage without refinancing?

If you want to remove a name from a joint mortgage loan, whether it is your name or the name of your co-borrower, it is possible to do so without refinancing. This situation might occur if a relationship breaks up or a living situation changes. However, each option has its downside and may not be successful.

Additionally, can a joint mortgage be transferred to one person? Transferring a mortgage to another person requires a process known as a Transfer of Equity, which can be applied to an existing mortgage or as part of a remortgage, and is commonly used in the following circumstances: Removing a partner from a mortgage, switching from a joint mortgage to a single mortgage.

One may also ask, how do I take someone off the mortgage?

The only legal way to take over the loan is to get your ex-spouse's name off the mortgage.

  1. 4 ways to remove an ex from a mortgage.
  2. Refinance the loan in your name only.
  3. Sell the house.
  4. Apply for a loan assumption.
  5. Get an FHA or VA streamline refinance.
  6. A final (risky) option.

Can you remove your name from a mortgage?

If you're approved for a mortgage loan based on your own credit and income, the next step is filing a quitclaim deed. Since your new mortgage loan replaces the old one, your spouse's name is automatically removed from the mortgage; but refinancing does not remove his or her name from the mortgage deed.

22 Related Question Answers Found

What happens if you have a joint mortgage and split up?

Paying the mortgage after separation
A joint mortgage means you're both liable for the mortgage until it has been completely paid off - regardless of whether you still live in the property. If you miss a payment or fall behind on payments, it will negatively affect both yours and your ex-partner's credit report.

How do I buy out my partner from our house?

The steps to buying someone out
  1. Get legal advice.
  2. You and your partner should agree on a price or payments to be made.
  3. Refinance the mortgage (this includes a full valuation).
  4. Formally commit to a deal with the help of solicitor and a contract rather than a “handshake” deal.
  5. Settle on the new mortgage.

What rights do a cosigner have?

A cosigner doesn't have any legal rights to the car they've cosigned for, so they can't take a vehicle from its owner. Cosigners have the same obligations as the primary borrower if the loan goes into default, but the lender is going to contact the cosigner to make sure the loan gets paid before this point.

How do I get my name off a house title?

There are five steps to remove a name from the property deed:
  1. Discuss property ownership interests.
  2. Access a copy of your title deed.
  3. Complete, review and sign the quitclaim or warranty form.
  4. Submit the quitclaim or warranty form.
  5. Request a certified copy of your quitclaim or warranty deed.

Can I make my ex pay half the mortgage?


Does My Ex-Partner Still Have to Pay the Mortgage? You're equally liable for the mortgage, even if the loan is based on one party's income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment - plus any costs, legal fees or loss made upon any possible repossession.

How does buying someone out of a mortgage work?

A To be able to buy your friend out, you need to be able to take on the whole mortgage on your own and find enough cash to pay her for her share of the equity in the property. You take the current value of the property, subtract the amount outstanding on the mortgage and divide the remaining amount by two.

Who gets the house when an unmarried couple splits up?

If a cohabiting couple splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house.

Can a person's name be on a deed without being on the mortgage?

It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. If a mortgage exists, it's best to work with the lender to make sure everyone on the title is protected.

How do I get my name off the mortgage after divorce?

The process, called loan assumption, is cheaper and may also be quicker than the alternatives.
  1. Notify your lender that your ex is taking over the mortgage note due to divorce.
  2. Ask the lender if you can obtain a release of liability.
  3. Remove your name from the home's title via a quitclaim deed or interspousal grant deed.

Can my ex remortgage without my consent?


Remortgage without consent
He is currently looking at remortgaging. As your hsuband is the sole borrower, then yes he can look at remortgaging, however as a 'named occupier' you would have to sign a form to say that you know there's a mortgage on the property. You can also ask to be added to the mortgage.

How do you add someone to your mortgage?

Instead, you can add the person to your mortgage deed by contacting your title company and paying the required fee, but certain situations may warrant adding a co-borrower to your mortgage loan. If you marry or add someone to your deed, the person may agree to pay all or a portion of your home loan.

Can I stop my ex coming into the house?

you cannot exclude your ex from the home without an order from the Court. Your ex is entitled to live in the property and if you do change the locks, they are entitled to break back into the property as long as they make good the damage.

How do I get out of joint home ownership?

If you're joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. You'll both need to move out. If you've agreed one of you plans to stay, it's usually best to explain this to your landlord and ask them to update the tenancy agreement.

Can I transfer my mortgage to my daughter?

If you have a mortgage, you technically can convey ownership to your children with a quitclaim deed, but the deed has no effect on the mortgage. It also doesn't transfer the obligation to pay the loan. This clause requires you to immediately pay off the mortgage in full whenever you transfer ownership to someone else.

What are my rights to house in separation?


The right to ask the court to allow you to return to the house, if you moved out. The right to know of any repossession action taken by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender. The right to pay the mortgage (if the other party stops making the payments)

Do both parties need a solicitor for transfer of equity?

Answer. In a Transfer of Equity transaction the owner who is buying the other person out must be represented by a solicitor/conveyancer. The person being bought out can decide whether they want to be represented by a solicitor/conveyancer or not.

How do I get my name off deeds?

Here is how you can remove a name from the property deed:
  1. Fill in the application to change the register. You'll need to fill in the application to change the register, known as form AP1.
  2. Sign the transfer deed.
  3. Take form ID1 to a solicitors' firm.
  4. Send the completed forms to HM Land Registry.